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Act, and that such negotiations must commence not later than 90 days after the effective date of this Act. The Chairman of the CRT shall be notified of these dates and shall publicly announce them in the Federal Register. If the Chairman is not so informed within 60 days, the Chairman shall set the date for a meeting and announce it in the Federal Register.

The CRT is further directed to suspend for one year all ratemaking activity with respect to jukeboxes. This suspension shall continue unless the parties fail to negotiate licenses that provide for access to a quantity of musical works not substantially smaller than the quantity performed on jukeboxes in the one year prior to the effective date of this Act.

Finally, the new section 116 provides that the terms of the compulsory license in force on the effective date of the Act shall remain in place until superceded by voluntarily negotiated licen

However, should the parties fail to negotiate such licen

or should the licenses expire or be terminated without replacement, then the present regime in section 116 is reinitiated.

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New section 119 defines the scope of protection in architectural works. Subsection (a) makes it clear that the rights in an architectural work are limited to exclude any public performance right, and that protection does not extend to any process, method of construction, or purely utilitarian features of the work. Subsection (b) provides that it is not an infringement to make a pictorial representation of the work. Subsection (c) limits the remedies available by excluding injunctive relief against an infringing building or structure if construction has substan

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tially begun, and that a court may not order the impound ment, seizure, or destruction of an infringing building.

Subsection (d) provides that, unless the parties to a building contract agree otherwise, the owner of a building or other structure may make or authorize the making of alterations to the building to enhance its utility or which are necessary for its maintenance or repair. It further authorizes the owner to reconstruct or destroy the building or to authorize such reconstruction or destruction.

Section 5 of this Act amends Chapter 4 of title 17 in ways needed to make the use of the copyright notice wholly voluntary. Section 401(a) is amended to replace "shall" by "may" making it explicit that notice is no longer required. Sections 401(b) and (c) are amended to provide for the voluntary nature of the notice. Parallel changes are included for the notice appearing on phonorecords.

Section 403 is amended to require that works that contain U.S. Government works have a statenent identifying those portions of the work. The Copyright office is authorized to issue regulations to implement this provision.

Section 404 relating to notice of copyright in contributions to a collective work is repealed as no longer needed.

Section 405 is amended to make it clear that publication of a work without a copyright notice before the effective date of this Act has no adverse effect on the copyright in such a work.

As

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the provisions of 405(a)(1)-(3) relating to the consequences of publication without a notice are no longer needed, they are deleted. Section 405(b) retains the innocent infringer defense with respect to works from which, prior to the effective date of this Act, the notice was omitted.

Section 406 is amended to apply only to works published prior to the effective date of this Act.

Section 407 is amended to apply to all works published in the United States whether published with a copyright notice or not. This will maintain the integrity of the collection of the Library of Congress and will continue to permit the Register of Copyrights to exempt categories of works from these requirements.

as

Section 408(a) is amended to delete the reference to registration

a way to cure a publication of a work without a notice of copyright. This severs the last link between the registration system and the existence of copyright in a work. Thus, the U.S. registration system is only a procedural matter, and, in the view of many copyright experts, no longer creates any substantive formalities related to the existence of copyright rights. Section 408(c)(2) is amended by striking subparagraph (A) as section 404 relating to the copyright notice on collective works is deleted. Subsections (B) and (c) are renumbered (A) and (B) respectively.

Section 6 amends Chapter 8 to direct the CRT, should it have to reinitiate compulsory license rate adjustments, to give great weight to the voluntarily negotiated rates in effect prior to the date when such CRT proceedings became necessary.

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Section 7 provides that the effective date of this Act shall be the day that the Berne Convention enters into force for the United States.

Section 8 is a severability clause. If any provision of this Act or section of title 17 amended by this Act is held to be unconsititutional, the remaining sections are unaffected.

II

100TH CONGRESS

1st SESSION

S. 1301

To amend title 17, United States Code, to implement the Berne Convention for

the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 29, 1987 Mr. LEAHY introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL To amend title 17, United States Code, to implement the Berne

Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4

This Act may be cited as the “Berne Convention Imple

5 mentation Act of 1987".

6 SEC. 2. FINDINGS; PURPOSES.

7

(a) FINDINGS.— The Congress finds that

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